The recognition of the Palestinian State by EU-member States: what are the likely implications for the range of policies that are connected with immigration and asylum?

In 2022 there were between 5.9 and 9.1 million Palestinian refugees, constituting the oldest and largest refugee population in the world.

Until now, Palestinians displaced to Europe had to arm themselves with patience for long legal battles in order to obtain refugee or stateless status in many European countries.

In most cases, they were unable to benefit from protection as refugees or stateless persons.

In recent months, there has been a growing awareness of the refugee and stateless status of the Palestinian population.

The European recognition of the State of Palestine has gained momentum significantly since 2024.

Ireland, Spain, and Norway led the charge in May 2024. France followed in 2025.

On 22 September 2025, The Grand Duchy of Luxembourg has officially recognised the State of Palestine during the High-level International Conference on the Peaceful Settlement of the Question of Palestine and the Implementation of the Two-State Solution, held at the United Nations headquarters in New York.

As of September 2025, the Council on Foreign Relations lists 156 or 157 UN member states in recognition of the State of Palestine.

Beyond the symbolism of such recognition, it is important to understand whether this recognition will actually have an effect on Palestinian populations seeking asylum in the European Union.

1) The logic of state recognition

State recognition in the realm of foreign policy denotes the official recognition of one state by a second state.

The recognition of a European state does not alter in any respect the inherent logic enunciated in Article 1D.

Article 1D of the 1951 Refugee Convention extends its coverage to the people who are receiving protection and assistance from UNRWA.

• While UNRWA protection/assistance applies, the Convention’s protections do not (exclusion clause).

• If such protection/assistance ceases for any reason, those persons shall ipso facto be entitled to the Convention’s benefits—provided they meet the rest of the definition and exclusion clauses.

Recognition can potentially allow for the conduct of some sort of diplomatic action—this includes the establishment of embassies, access to treaty agreements, and the establishment of voting stances in the organizations' forums.

It should however be made clear that the recognition does not automatically:

• expand the right of citizenship to Palestinians outside Palestine;

• apply EU-wide visa waivers;

• modify procedures and conditions for the granting of asylum in accordance with European Union laws or commonly held legal principles.

Despite the recognition of the status, the Palestinians remain subject to the same broader criteria applicable for admission, such as the conditions for Schengen short-stay visas, specific short-stay visas assigned for single countries, and all types of work and residence permits.

It should be pointed out that the discretion in policy issues still remains subject more often than not to a variety of considerations, including for instance the ease in procuring visas or the extent of tolerance in respect of papers submitted.

2) Immigration and visas: effects immediately after recognition

Palestinians hold passports issued by the Palestinian Authority (PA), though they are  viewed more as travel documents than passports for a recognized state.

The passport is issued to the residents of the West Bank and Gaza who hold a Palestinian ID card, but not to Palestinians residing in the Diaspora communities elsewhere.

The passport might not be valid or easily usable in many cases.

Following recognition, the existing visa rules are still in effect and must be followed. Schengen short-stay visas, which are C-type visas, are not automatically exempt for people holding Palestinian passports.

Local offices may revise and tailor local procedures—e.g., the type of papers received or the criteria for the sponsor letter letter.

Long-stay/residence permit rules remain at the state level (work, family, studies etc). Recognition does not in itself provide favoured channels.

The validity of travel documents and treatment of Laissez-Passer or refugee/stateless travel documents remains case-specific.

In repatriation instances, recognition may change the diplomatic channels of communication.

3) The EU Migration and Asylum Pact

The EU Migration and Asylum Pact (the “Pact”) is a broad European Union migration agreement, which is regulated by 10 legal acts. The Pact was adopted in May 2024, and the legal instruments entered into force in June 2024.

The full application of the pact's rules is scheduled for mid-june 2026.

The new provisions will cover, among others, the asylum procedure in the European Union, the examination of migrants at the border, and what member states must do in cases where large numbers of persons seek access to the European Union at the same time with a view to obtaining international protection.

The core instruments designed by the Pact include:

• Regulation on Asylum and Migration Management (RAMM) – which introduces a solidarity mechanism (relocation/financial contributions) and responsibility rules updates;

• Asylum Procedures Regulation (APR) – which codifies screening, accelerated and border procedures for certain profiles;

• Screening Regulation – pre-entry checks (identity, security, vulnerability) with fundamental-rights monitoring;

• Eurodac recast – expanded biometric data scope/use;

• Crisis/Force Majeure Regulation – derogations in mass influx scenarios

When it comes to Palestinian applications, which can be expected, it shall be noted that there is no designated specific group in the Pact. Palestinians will therefore undergo processing using the same standardized procedural format that is applied to all other groups involved in this system.

When it comes to screening & Eurodac: more systematic identity capture and hit/no-hit logic in Eurodac are to be expected for applicants with limited  documentation or statelessness claims. This may well be the case for Palestinians more than for any other category of asylum seekers.

The Pact specifically defines the procedures and the allocation of burdens regarding asylum claims. It does not amend the substantive entitlement to protection for asylum seekers.

It is to be anticipated that the scrutiny in terms of Article 1D and the qualification criteria currently applicable to Palestinians will remain the very core foundations for the claims advanced by the Palestinian people.

4) Countries that thus far were unable to take the step in recognizing the state of Palestine

Non-recognition states that are in Europe shall continue to respect their responsibilities under both European Union law and international obligations regarding asylum seekers.

Those states remain free to:

• Keep diplomatic non-recognition while processing asylum claims in line with international/EU law

• Maintain current visa policy towards Palestinian passport holders.

• Continue to view Palestinian documents through existing practice (although some may scrutinise Palestinian-issued passports more closely or rely on alternative identity evidence)

Conclusion

Recognition of the state of Palestine is and remains diplomatic. It is no granting of nationality or new EU-wide rights of movement for Palestinians. 

European recognition of Palestine has political imperative but indirect legal effect for asylum and immigration practice.

One can hope for policy soft-effects and shifting country guidance but not much more.

The common Schengen visa regimes in force at the moment will continue applying in addition to an evolving regimen-the future EU Pact on Migration and Asylum.

If there is one thing to learn from history, it would be that recognition of a state does not, by itself, have any immediate impact on the recognized nation nor on the people who inhabit it.

Indeed, the last new UN member state admitted, prior to the wave of recognition of the Palestinian State was the Republic of South Sudan, on 14 July 2011. Despite this, Sudan is currently engulfed in a bitter civil war which has been raging for the last four years.

Recognition of the state of Palestine is not the be-all and end-all and does not in any way affect the current application of the aforementioned legal provisions to date.

Nevertheless, it is hoped that with the status of the Palestinian state being recognized, there would be progress towards achieving a lasting peace in the Israeli-Palestinian conflict.

About the author

Cora Maglo. Founder of CERNO Law Firm. Cora practices corporate law, immigration law, family law and tenancy law, bringing extensive experience in these areas.